Claudia, who works as an architect, bought a detached house in 2018. In 2019, her partner, Anika, moved in with her. Anika is a professional drummer in a band. She practises her playing in the spare room at home, which is located downstairs at the back of the house. She practises most evenings with her band, often late into the night.
Jagadeesh recently bought the house next door. Jagadeesh works 12 hour shifts and starts work at 6 a.m., four days a week. This means he normally goes to bed at 10 p.m. Jagadeesh has complained about the noise on several occasions. He has asked Anika if she would only practise with her band until 8 p.m. and restrict her practising to 3 days a week. Anika has ignored Jagadeesh’s request to stop playing late into the night and for only 3 days a week.
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However, Anika’s partner, Claudia is a bit more sympathetic towards Jagadeesh’s request. She has drafted plans to build a recording studio for Anika at the bottom of her garden. The plans have been approved by the local council and the builders have dug-out the six-foot deep foundations. The building materials have been delivered and building work will commence in the next few days. In the meantime the builder has set-up spot lighting around the foundations to avoid any trips, slips or falls. The lighting is on a timer switch and comes on at 6 p.m. and goes off at 5 a.m. in each 24-hour period.
Jagadeesh is woken by the loud noise made by Anika’s band. It is 11.30 p.m. Jagadeesh is furious. He goes next door and knocks on the front door. However, due to the loud noise neither Claudia nor Anika can hear him knocking. Jagadeesh decides to knock on the window where the band are practising. He returns to his house, goes out into his back garden and using a ladder he climbs the eight-foot wall. He gets on to the top of the garden wall. The light is not very good as it is quite late at night. The spot-lighting around the foundations is not on. Anika unplugged it in order to use the socket for her Fender Frontman Amplifier. Jagadeesh is not able to see into the garden.
He decides to hang from the wall and drop to the ground. He believes by hanging and dropping there will be only a two-foot drop to the ground. Unfortunately, when Jagadeesh drops from the wall, he drops directly into the six-foot deep foundations that have been dug by the builder. Jagadeesh breaks his ankle and injures the lower section of his back. When Claudia goes out into the back garden to smoke a cigarette she turns on the spot-lighting and sees Jagadeesh lying in the foundations. She immediately calls an ambulance and Jagadeesh is taken to hospital.
Advise Jagadeesh whether he has any claim for the persistent noise made by Anika and for the injuries he sustained on Claudia’s property.
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